By Luna                                               H.B. No. 1543
         77R5053 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sales and use tax imposed by municipal crime
 1-3     control and prevention districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 363.055(a) and (c), Local Government
 1-6     Code, are amended to read as follows:
 1-7           (a)  The proposed rate for the district sales and use tax
 1-8     imposed under Subchapter B, Chapter 321, Tax Code, or Subchapter B,
 1-9     Chapter 323, Tax Code, may be only:
1-10                 (1)  one-eighth of one percent;
1-11                 (2)  one-fourth of one percent;
1-12                 (3)  three-eighths of one percent; or
1-13                 (4)  one-half of one percent.
1-14           (c)  A municipality that creates a district shall adopt a
1-15     sales and use tax under Section 321.106 [323.105], Tax Code, for
1-16     financing the operation of the district [in the same manner as a
1-17     county under that section].
1-18           SECTION 2. Subchapter B, Chapter 321, Tax Code, is amended by
1-19     adding Section 321.106 to read as follows:
1-20           Sec. 321.106.  MUNICIPAL CRIME CONTROL AND PREVENTION
1-21     DISTRICT TAX.  (a)  Subject to an election held in accordance with
1-22     Chapter 363, Local Government Code, a municipality in which a crime
1-23     control and prevention district is established shall adopt a sales
1-24     and use tax in the area of the district for the purpose of
 2-1     financing the operation of the crime control and prevention
 2-2     district.  The revenue from the tax may be used only for the
 2-3     purpose of financing the operation of the crime control and
 2-4     prevention district.  The proposition for adopting a tax under this
 2-5     section and the proposition for creation of a crime control and
 2-6     prevention district shall be submitted at the same election.
 2-7           (b)  A tax adopted for a district under this section for
 2-8     financing the operation of the district may be decreased in
 2-9     increments of one-eighth of one percent by order of the board of
2-10     directors of the district.
2-11           (c)  The governing body of the municipality that proposed the
2-12     creation of the crime control and prevention district may call an
2-13     election on the question of decreasing the tax rate in increments
2-14     of one-eighth of one percent in the district if the district was
2-15     created before January 1, 1996.  The governing body may dedicate a
2-16     portion of the tax for the payment of bonds used in conjunction
2-17     with the renovation or extension of a county-owned or municipally
2-18     owned convention center facility, as defined in Section 351.001,
2-19     that was constructed before 1969 if the dedication is approved by a
2-20     majority of the qualified voters in an election held in the
2-21     district on the question of decreasing the tax rate. At the
2-22     election, the ballot shall be printed to provide for voting for or
2-23     against the following proposition:  "The decrease of the
2-24     ____________________ Crime Control and Prevention District sales
2-25     and use tax rate to ____________ percent and authorizing the use of
2-26     _______________ of one percent for the payment of bonds issued for
2-27     the renovation or extension of certain county-owned or municipally
 3-1     owned convention center facilities as that term is defined under
 3-2     Section 351.001, Tax Code, and authorizing that the tax expire on
 3-3     payment of the bonds."
 3-4           (d)  The rate of a tax adopted for a district under this
 3-5     section may be increased in increments of one-eighth of one
 3-6     percent, not to exceed a total tax rate of one-half percent for
 3-7     financing the operation of the crime control and prevention
 3-8     district, by order of the board of directors of the crime control
 3-9     and prevention district if approved by a majority of the qualified
3-10     voters voting at an election called by the board and held in the
3-11     district on the question of increasing the tax rate.  At the
3-12     election, the ballot shall be printed to provide for voting for or
3-13     against the following proposition:  "The increase of the
3-14     ______________ Crime Control and Prevention District sales and use
3-15     tax rate to ____________ percent."  If there is an increase or
3-16     decrease under this subsection in the rate of a tax imposed under
3-17     this section, the new rate takes effect on the first day of the
3-18     next calendar quarter after the expiration of one calendar quarter
3-19     after the comptroller receives notice of the increase or decrease.
3-20     However, if the comptroller notifies the president of the board of
3-21     directors of the district in writing within 10 days after receipt
3-22     of the notification that the comptroller requires more time to
3-23     implement reporting and collection procedures, the comptroller may
3-24     delay implementation of the rate change for one whole calendar
3-25     quarter.  In that event, the new rate takes effect on the first day
3-26     of the next calendar quarter following the elapsed quarter.
3-27           (e)  The comptroller shall remit to the municipality amounts
 4-1     collected at the rate imposed under this section as part of the
 4-2     regular allocation of municipal tax revenue collected by the
 4-3     comptroller if the district is composed of the entire municipality.
 4-4     The comptroller shall, if the district is composed of an area less
 4-5     than the entire municipality, remit that amount to the district.
 4-6     Retailers may not be required to use the allocation and reporting
 4-7     procedures in the collection of taxes under this section different
 4-8     from the procedures that retailers use in the collection of other
 4-9     sales and use taxes under this chapter.  An item, transaction, or
4-10     service that is taxable in a municipality under a sales or use tax
4-11     authorized by another section of this chapter is taxable under this
4-12     section.  An item, transaction, or service that is not taxable in a
4-13     municipality under a sales or use tax authorized by another section
4-14     of this chapter is not taxable under this section.
4-15           (f)  If, in a municipality where a crime control and
4-16     prevention district is composed of the whole municipality, a
4-17     municipal sales and use tax or a municipal sales and use tax rate
4-18     increase for the purpose of financing a crime control and
4-19     prevention district is approved, the municipality is responsible
4-20     for distributing to the district that portion of the municipal
4-21     sales and use tax revenue received from the comptroller that is to
4-22     be used for the purposes of financing the crime control and
4-23     prevention district.  Not later than the 10th day after the date
4-24     the municipality receives funds under this section from the
4-25     comptroller, the municipality shall make the distribution in the
4-26     proportion that the crime control and prevention portion of the tax
4-27     rate bears to the total sales and use tax rate of the municipality.
 5-1     The amounts distributed to a crime control and prevention district
 5-2     are not considered to be sales and use tax revenue for the purpose
 5-3     of property tax reduction and computation of the municipal tax rate
 5-4     under Section 26.041.
 5-5           (g)  For purposes of the tax imposed under this section, a
 5-6     reference in this chapter to the municipality as the territory in
 5-7     which the tax or an incident of the tax applies means only the
 5-8     territory located in the crime control and prevention district, if
 5-9     that district is composed of an area less than an entire
5-10     municipality.
5-11           (h)  The comptroller may adopt rules and the governing body
5-12     of the municipality may adopt orders to administer this section.
5-13           SECTION 3. (a)  In a crime control and prevention district
5-14     created by a municipality before  the effective date of this Act,
5-15     an item, transaction, or service that is taxable in the
5-16     municipality under a sales or use tax authorized by Chapter 321,
5-17     Tax Code, is taxable under Section 321.106, Tax Code, as added by
5-18     this Act, for the district, and an item, transaction, or service
5-19     that is not taxable in the municipality under a sales or use tax
5-20     authorized by Chapter 321, Tax Code, is not taxable under Section
5-21     321.106, Tax Code, as added by this Act, for the district.
5-22           (b)  The comptroller shall implement any change necessary as
5-23     a result of the change in law made by this Act on or before January
5-24     1, 2002.
5-25           SECTION 4.  This Act takes effect immediately if it receives
5-26     a vote of two-thirds of all the members elected to each house, as
5-27     provided by Section 39, Article III, Texas Constitution.  If this
 6-1     Act does not receive the vote necessary for immediate effect, this
 6-2     Act takes effect September 1, 2001.